Holding Company

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Sociedade em Conta de Participação SCP

Holding Company

Get to know the most versatile, dynamic and economical model of legal connection of freelance professionals.

Participation Account Society (SCP) is a legally binding modality widely used in the business world. Provided for in articles 991 to 996 of the Brazilian Civil Code, this model of contract can instrumentalize relationships of various kinds, such as: Investment & Labor: A typical example of this type occurs when an investor (Legal Entity) wishes to contribute with a cost allowance. for developing an application. Thus, it establishes with a developer (Individual) a Participation Account Company (SCP) contributing financially for the work to be carried out and then participating in the results of the commercialization of the developed product.Investment & Enterprise: The use of SCP as a link Corporate investment is the best known form of use of the model. It happens, for example, when an investor (Individual or Corporate) contributes capital or assets in a venture (Corporate) receiving, according to the negotiated agreement, returns on its investment after a certain time.Enterprise & Labor [1]: For this kind of Linking via SCP We can give as an example the relationship where a Hospital associates with a doctor through the SCP. The Hospital offers the Participating Account Society all the operational, technical, legal and administrative infrastructure and the Physician its medical specialty, its work. SCP is, as its name implies, a society. However, it is not a typical society, because it is not born in the constitutive instruments of an enterprise, as is the social contract. The Company, in SCP, establishes itself, based on a highlight, a slice, of the company's operations. Thus, the financial statements state that in this part of the segregated transaction, there is a special interest of a person (natural or legal) that contributed to that result. The results of this outstanding operation are determined separately from the other results of the company, on behalf of the Company in the Holding Account and distributed to the shareholders as dividends. Once the dividends of SCP are distributed to both partners, this amount is not subject to any other taxation either on the legal entity of the Ostensivo Partner or on the individual of the Participating Partner. The model under study represents an extremely versatile alternative for linking professionals, executives, managers, sales staff and any other professionals who work with autonomy, in private companies and also in cooperatives. In addition, by allowing a single tax incidence throughout the compensation chain and no social security or land taxes, it represents an extremely viable model, improving business performance and reducing operating costs. In times of labor reform and outsourcing, the versatility of the Holding Company can represent a huge advance in the company's business relationships, adding dynamism and fiscal balance and enabling the achievement of business objectives with lower cost and greater operational efficiency.

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